Date:
20070228
Docket: 06-A-43
Citation: 2007 FCA
84
Present: NOËL J.A.
BETWEEN:
JAMES
ALEXANDER LIVINGSTON
Appellant
and
HER
MAJESTY THE QUEEN
Respondent
Dealt with in writing without appearance
of parties.
Order delivered
at Ottawa, Ontario, on February 28, 2007.
REASONS
FOR ORDER BY: NOËL
J.A.
Date:
20070228
Docket:
06-A-43
Citation: 2007 FCA 84
Present: NOËL
J.A.
BETWEEN:
JAMES
ALEXANDER LIVINGSTON
Appellant
and
HER MAJESTY
THE QUEEN
Respondent
REASONS FOR ORDER
NOËL J.A.
[1]
By
order dated September 14, 2006 I denied the applicant’s application for an
extension of time to file a Notice of Appeal against the order of Hughes J.
dated April 19, 2006, but granted the applicant leave to file a fresh
application to extend the time to appeal Hughes J.’s reconsideration decision
dated May 1, 2006.
[2]
Despite
the fact that by the time this decision was rendered, the applicant had to be
aware of the importance of moving without undue delay particularly when one is
seeking the indulgence of the Court to extend the time limits otherwise imposed
by law, the applicant did not serve its fresh application until November 22,
2006, more than two months after leave was granted.
[3]
Not
surprisingly, the respondent opposes the motion to extend the time. Having
regard to the absence of any explanation for the delay in bringing forth this
application, and the failure by the appellant to show that the proposed appeal
has any merit, the application is denied.
“Marc
Noël”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: 06-A-43
STYLE OF CAUSE: JAMES
ALEXANDER LIVINGSTON and HER MAJESTY THE QUEEN
MOTION
DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: NOËL J.A.
DATED: February 28, 2007
WRITTEN
REPRESENTATIONS BY:
|
JAMES A. LIVINGSTON
|
FOR
THE APPELLANT /
APPLICANT
|
|
SHARON McGOVERN
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
JAMES A. LIVINGSTON
GUELPH,
ONTARIO
|
FOR
THE APPELLANT /
APPLICANT
|
|
JOHN H. SIMS
TORONTO, ONTARIO
|
FOR
THE RESPONDENT
|
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